Listening to the statements of Nasser’s victims right now, and what they described to the FBI — which conducted only one telephonic interview of three reported victims, and then failed to follow up AT ALL. 70 more victims of abuse between then and when MSUPD arrested him 1/
The FBI agent who took this interview didn’t document it until 17 months later, made false assertions therein, failed to transfer case to Detroit, failed to alert local law enforcement, then lied to OIG about all of this. He just got fired 2/
The Special Agent in Charge (SAC) of Indianapolis was found by OIG to be actively seeking a job with USA Gymnastics (the entity which reported Nasser) while investigation was ongoing. Later lied to media and the OIG. He is retired and presumably still collecting pension 3/
DOJ declined to prosecute both the agent and the SAC — despite the fact that OIG found both to have made materially false statements to the OIG and the agent in belatedly documenting the interview (both of which are a crime). Bottom line: Wray has a lot to answer for to Committee
Note: OIG was able to compel some FBI agents/personnel to interviews bc DOJ declined to prosecute (no 5thA right). This could complicate ability to change decision now. BUT the SAC (already retired) did not submit to interview, so prosecution possible
I appreciate the Director and IG discussing new policies and processes, etc., but when you have a situation where agents and even the SAC are lying, falsifying docs, and using entities involved in the investigation as job leads for themselves, that’s an ethics/discipline problem

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More from @AshaRangappa_

1 Sep
A key feature of the TX abortion law is that it opens the door for people and orgs with deep pockets to file hundreds of frivolous lawsuits -- so even doctors and providers who *comply* with the law can get financially ruined trying to defend meritless claims 1/
The law allows civil suits to be filed anywhere, and doesn't allow for a change of venue unless both parties agree -- so putative defendants may be haled into court all over the state 2/
It doesn't allow a defendant to point out that the plaintiff has already unsuccessfully sued someone else on the same grounds; and if the defendant asks for injunctive relief and the claim is denied, then they can be held liable for the other party's attorney's fees 3/
Read 5 tweets
23 Aug
I’ve long compared Facebook to Big Tobacco and here’s the latest parallel: Facebook knew internally that it was facilitating the deaths of thousands of people through misinformation, and not only did nothing about it, but withheld its knowledge from public…
Forget legislation and regulation. Zuck needs a good tort lawsuit brought by AGs of states whose COVID numbers are through the roof because Facebook knowingly serves as a conduit for false info. I’ll let my lawyer peeps brainstorm the legal theory but hit ‘em in the pocketbook
Seeing a lot of Sec. 230 comments. Remember that in tobacco litigation, states weren't suing cos for selling tobacco itself. BUT they said that the product, and the (deceptive) manner in which it was sold, contributed to public health costs -- and that companies should pay for it
Read 4 tweets
25 May
THREAD. It seems clear from DOJ’s current argument regarding the OLC memo that Mueller’s philosophical argument underlying his decision not to conclude whether Trump’s conduct amounted to obstruction — was a big mistake, and apparently wrong 1/
2. In Vol. II, Mueller tries to split the baby: He says while the evidence does not exonerate Trump, he can’t formally say that the conduct amounted to obstruction bc that would amount to an “accusation.”
3. Mueller goes on to say: Trump cannot be prosecuted in office bc of the DOJ policy against the same. Therefore, he would not be able to clear his name and would be under a perpetual cloud of guilt. Basically, Mueller made a fairness argument that favored Trump w/o formal charge
Read 7 tweets
25 May
Interesting thread about possible reasons that DOJ might not want to release the OLC memo on obstruction, namely, that it could constrain the department’s independence and flexibility to make prosecutorial decisions re Trump and/or ordinary obstruction cases (*esp* if it’s wrong)
For those who asked me to clarify @jentaub’s argument: She is saying that releasing Barr’s OLC reasoning would create pressure for Garland to say if the memo is right or wrong. If “wrong,” then there will be pressure to take action re Trump. If it is “right,” that has
ramifications for the “official position” of DOJ on obstruction — by either the President (whoever may be occupying the office) or even for ordinary cases they may want to prosecute (defense lawyers could say, ‘but you agree that x, y, z isn’t obstruction,’ complicating cases.
Read 4 tweets
30 Apr
THREAD. I just explained on @wolfblitzer why the FBI giving a warning to Giuliani that he was being targeted by foreign intelligence is significant. But I want to explain why a FARA violation generally, especially in this context, is especially serious
2. People tend to poo-poo FARA because they think it's just "lobbying" -- and for better or worse, we just expect lobbying to be a part of our process. But when a foreign country directly targets *elected officials*, it's more than "lobbying," it's a distortion of our democracy
3. When foreign governments try to coopt members of Congress, it's bad, because they are publicly claiming to be furthering U.S. interests, when they are actually furthering a foreign country's. Even then though, the effect may be diluted: It takes a lot of MOCs to affect policy
Read 11 tweets
17 Apr
Alright you asked for it. My responses:

OVERALL PLOT: This to me was basically a meditation on Eastern/Buddhist teachings on ego-attachment, and how what we believe we “need” in the material world is the cause of all suffering and causes us to abandon our connection to humanity
AMERICAN EXCEPTIONALISM: Yes, though this is a feature of most American superheroes (uhhh...Superman? Captain America?) AND, isn’t it an indictment that POTUS’ greatest wish at the point of threat of worldwide annihilation is “more nukes,” rather than “world peace”?
CHEETAH: the choice women have to make between being recognized for their strength and power and embodying their warmth and compassion. Good lord, this one was so obvious
Read 5 tweets

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